ANALISIS YURIDIS TERHADAP HUBUNGAN ANTARA LAPORAN PIDANA DENGAN GUGATAN WANPRESTASI SERTA PERAN ADVOKAT DALAM PENANGANANNYA (Studi Kasus Developer Perumahan X di Kota Malang)

The relationship between civil law and criminal law in practice often raises issues, particularly when disputes arising from land and building sale and purchase agreements are processed through criminal proceedings on allegations of fraud or embezzlement. This situation often occurs in relationships between consumers and housing developers, creating legal uncertainty and potentially criminalizing civil disputes. This study aims to analyze the strategies used by lawyers in resolving alleged criminal acts of fraud and/or embezzlement by housing developers, as well as the qualifications of lawyers in determining the appropriate legal path to take. The research method used is empirical juridical with a legislative and case approach, using primary data in the form of case documents and secondary data including legislation, court decisions, books, and legal journals. The results of the study show that lawyers apply strategies by directing disputes to civil courts through breach of contract lawsuits and filing requests for suspension of investigations based on Supreme Court Regulation Number 1 of 1956, SEMA Number 4 of 1980, and National Police Chief Telegram Number ST/25/XII/RES.7.5./2021. The discussion of the research confirms that the application of the prejudicieel geschil principle at the investigation and examination stages, although not explicitly regulated in the Criminal Procedure Code, is an important step to ensure the principle of legal certainty.